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HomeMy WebLinkAbout124216 CSU SPONSORED PROGRAMS - PURCHASE ORDER - 9131798City of FF6rt Collins PURCHASE ORDER Date: 04/04/2014 Vendor: 124216 C S U SPONSORED PROGRAMS CAMPUS DELIVERY - 2002 COLORADO STATE UNIVERSITY FORT COLLINS CO 80523 PO Number Page 9131798 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 04/08/2013 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 CONSULTING SERVICES 2014 Graywater reuse City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com 1 LOT EA 40,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. CO.MMERCIALDE'AILS. Tax exemptions. By wrote the City of Fort Collins is exempt from sure and local taxes. Our Exemption Number is 11. NONWAVVER. S &OI502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herem or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of any of the warranties in obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be rewmed m you far credit and are not to be replaced except upon receipt of written Purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsrquent default hereunder. nor shall any parmood am] modification or rescission of this purchase order by the Parchoer operate as a waiver of any of the tans Inspection. GOODS. subject the City of Fon Collis inspection oa arrival. hereof. Final Acceptance. Receipt of the merthandise, services of equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the Pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm narrow ACCEPTANCE is dependent upon completion of sell applicable required inspection procedures, violations are in fact home by the Purt6nser. Theretofore �forr Read music and as consideration for executing this purchase order, the Seller hereby assigns as hie Purchaser any and of claims it may now have or herafter Freight Terms. Shipments most be F.O.R, City of Fan Collins, 200 Wood St., Pan Collins, CO 80522, unless acquired under federal or sate antitrust laws fir such overcharges relating,. the puticular good or services otherwise specified on this order If permission is given to prepay freight and charge separately, the original freight, pr shaud or acquired by the Foochow, pursuant to Nis purchase rule, bill most accompany invoice. Additional charges for puking, will nor be accepted. Shipment Distance. Where manufacturers have distributing points in vanow pans of the country, shipment is expected from the nmm, distribution paint as destination, and excess freight will be deducted from Invoice when shipments are made farm greater distance. Permits. Sella shall pane al sellers sole net all na., prmaits, certificates and licenses required by all applicable laws, regulations, mdirance, and rules of hie state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold de City of Fort Collins harmless fmm and appear all liability and loss incurred by them by reason of an awned or established violation of any such laws, regulations, ordinance, rules and requirements. Ammonemion. All parties to this conact agree the, the representatives me, in fact, haw fide and possess full aed mmplue authonry to bind said panics. LIMITATION OF TERMS. This Purchoe Order esp.], limits acceptance to the tams and a Mine. sated herein set fond and any supplementary, or additional gems and conditions annexed herem or incorporated herein by reference. Any additional or different it. and conditions proposal by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immes iagly ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance mutt be effand within the time sated on the purchase order and the documents attached hereto. No sets of the Purchasers including, without limitation, acceptwce ofpanial late deliveries, shall c,s a e as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and amicable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damage. However, the Seller slmll not be liable fur damages as a astir of delays due to causes notreasourbly foreseeable which ere beyond its reasonable control and without i,, fruit of negligence, such acts of God, acts of civil or military authorities, 6o,ann enal pnoritirs, Ere,, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such relay is given to the Purchaser within five (5) days of the time when the Seller find received knowledge thereof. In the meal of any such delay, the date of delivery shall be extended for the period equal to the time acmnl ly lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of are and competence in accordance with accepted stand rds for work of a similar nature. The Seller agrees to hold the purchaser hamaless from my loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may IN prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance ofthe goods Punished hereunder (acceptance not to be unrnasowbly delayed), resulting no in imperfect or defective work done or materials furnished by the Seller. Acceptance or we cf gands by the Purchaser shall mint institute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make clwnges,o legal arms by wrinen change order 5. CHANGES IN COMMERCIAL TERMS. The Pumhaw, may make any changes to the terms, other thin legal reran, including additions no or deletion from the quantities originally ordered in the specification or dawings, by verbal in wrinen change order. If any such change aff m the mount due or the time ofperffornmee hereunder. an notable edjttunrnt shall be made. 6. TERMINATIONS. The purchaser may at any time by written change order, terminate this agreement as to any or all portion of the good then not shipped, sobject to any equitable adjntmem between for patio n to tiny work or materials then in progress provided not the Purchaser shall pat he liable for any claims fro anticipated profits on the uncompleted ,onion of Ne goods and/or work, for incidental an carenuential damegrs, and that no such adjustment he made in (harm ofthe Sella with respect o any good which are the Sellers sundaN stock. No such mnnitmtion shall relieve the Purchaser or the Seller of., of Heir obligation as to my good delivered herander. 2. CLAIMS FOR ADJUSTMENT. Any claim for mijusemens most be awned within thin, (30) days fmm the date the change or irradiation h ordered S. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may he requird to effect at evidence compliance. All laws and regulations required Ira re em,mated in agreements of this chaaner are hereby incorpoated herein by this reference. The Seller agrees m indemnify and hold the Purchaser homeless from all casts and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tresf ,err convey Nis oMe,, or any monies due or to became due hereunder without the poor wrina, consent ofdw other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in per( ante of this agreement, free and clear of any and all lies, mtrinions, mervatimm, savnty interest cocumbances and claims ofothers. 13.PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifte Purchaser directs the Seller or coral rovconf among or defective goad by a due m be agreed upon by the Purchaser and t1e Seller, and the Seller themafler indicates its suability, or unwillinguess to comply, the Purchaser may cause the work to b, perforated by the most expeditious mom available to it. arM the Sella a call Pay all cons cssocimed with such work. The Sella shall relcme the Purchaser and its wwmaters of any rice from all liability and claims of any moue resulting firm the perfomame ofsuch work. This releve shall apply even in the Bent of fault of negligence of the party rtleasW and shall extend m the directors, officers and employers ofsuch party. The Sellers commented obligations, including wrongly, shall not b, draned to be reduced, in any way, because such oral is performed or caused to be, performed by the Penetration. 14. PATENTS. Whatever the Seller is required to use any dingo, device, material or process covered by from, patent, trademark or copyright. the Seller shall indemnify and save homeless the Purchaser fmm any and all claims for infringement by reason of the use of such netted design, device, material or process in connection with the contact, and shall indemnify the Purchaser fro any cost expense or damage which it may be obliged to Pay by practice of such impingement at any time doing the pmsmmio r or after the completion of the wok. In case said equipment, or any pan thereof or the inunded use of the goods, is is such sell held m transition, infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or Pans, replace the same with substantially equal but naninGnging equipment, or modify it sat it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bereft of creditors, appoint a receiver or tmsge foran y of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions ofarms used or the ima,ficame ofthe agreement and the rights of all panics hereunder shall be concerned under and governed by the laws of the State ofColoado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on thepremises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work or Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work sniper materials before Sellers final completion and acceptance, mmplue the work at Sellers own expanse and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or enaction by the Sella, the Seller shall receive, unload, store and handle same at the site and become responsible therefor w though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependems in accordance with the laws of the sate in which the work is m be done. The Seller shall also away comprehensive round liability including, but not limited to, contractual and automobile public liability unme nce with bodily injury and death hairs of par least 5300.00o for any one game, 8500,000 for any xcident and property, damage limit per accident of S100,000. The Sella shall likewise require his contactors, if eny, to provide for such compensation and inueence. Bef any of dg Sellers in his contractors employees shall der any work upon she pre yawn of others, the Seller shall famish the Purchaser with a cenifimm that such compensation and insurance have ban provided. Such certificates shall specify the dam what such omperesation and umm nce have ban provided. Such certificates shall specify the date when such wmpenalion and insurance expire. The Seller agrees thin such compensation and moursnce shall be maintained until aftt the ratite wok is completed uM accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my said all damage, loss or injury ofany kind or nture whatsoever to paxons m Property caned by or resulting from the execution of the work provided for in this parebat, order or in connection herewith. The Sella will indrmnify and hold harmless the Purcha and my m all of the Purchases officers, agents and em,loyas farm and against any and all claims, loans, damages, charges m expenses. whether direct or indict, and whether to games or property as which the Purchaser may b, put or subject by reason of any au, action, megled, omission or default on th, part addle Seller, any of his contractors, many of the Sellers or mntaron officers. agents or employers. In ring, any suit or other proceedings shall be brought a%airrst the Purchaser, or its officers, agent or employees at any time on account an by reason of any act, action, neglect, omission or default of the Sella of any of his contractors or my of its in their officers, agents or employees o aforesaid, the Sella hereby agrees as assume Ore defense thereof and to defend the same at the Sellers awn expense, to Pay any and all ants, charm, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its in their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien the placed upon or obtained against the property ofdre Puchera, or said ponies in or as a molt of such sails or other proceedings, the Sella will at ono come the same to be dissolved and discharged by giving bond an oNensise. The Seller and his contractors shall take all safety precautions, fmish and install all guard harasser, for the prevention of accidents, comply with all laws and regulations with regard 0 safety including, but without limitation, the Occupational Safety and Halth Act of 1970 and all rules and regulations issued pursuant thereto. Revised 032010